Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 24, 2025 CASE NO(S).: OLT-24-000875
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18. as amended
Appellant: Raydav Holdings Inc. Appellant: Michelle Cohen-Solomon Subject: Objection to designation By-law No. 2024-145 Property Address: 7507 Kennedy Road Municipality/Upper Tier: Markham/York OLT Case No.: OLT-24-000875 OLT Lead Case No.: OLT-24-000875 OLT Case Name: Raydav Holdings Inc. v. Markham (City)
PROCEEDING COMMENCED UNDER subsection 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18. as amended
Appellant: Raydav Holdings Inc. Appellant: Michelle Cohen-Solomon Subject: Objection to designation By-law No. 2024-145 Property Address: 7507 Kennedy Road Municipality/Upper Tier: Markham/York OLT Case No.: OLT-24-000876 OLT Lead Case No.: OLT-24-000875
Heard: March 13, 2025 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Michelle Cohen-Solomon | Jaclyn P. Solomon |
| Raydav Holdings Inc. | E. Bruce Solomon |
| City of Markham | Maggie Cheung-Madar |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. Dixon ON March 13, 2025 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arises from the second Case Management Conference (“CMC”) held regarding appeals filed by: 1) Michelle Cohen-Solomon and 2) Raydav Holdings Inc. (together, “Appellants”), each pursuant to s. 29(11) of the Ontario Heritage Act, R.S.O. 1990, c. O.18 (“OHA”), concerning the passing of Heritage Designation By-law No. 2024-145 (“Heritage By-law”) in the City of Markham (“City”) for lands known municipally as 7507 Kennedy Road (“Subject Lands”).
2Each of the two Appellants owns 50 per cent of the Subject Lands. Among the reasons for appeal, the Appellants submitted that City Council failed to comply with the legislative procedures required by the OHA, including failing to serve Ms. Cohen-Solomon with a notice of intent to designate pursuant to s. 29(3) of the OHA.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
3At the first CMC, held on December 13, 2024, the Parties were in dispute as to the appropriate issues to be heard and were directed by the Tribunal to submit relevant motion materials for the Tribunal’s consideration. However, the Parties resolved their dispute on the procedural issues and submitted a revised draft Procedural Order and Issues List to the Tribunal, on consent, in advance of the second CMC.
4The intent of the second CMC was to finalise a Procedural Order and Issues List and to schedule a Hearing on the Merits of the appeals. The draft issues presented to the Tribunal in advance of the CMC were as follows:
- Did the City of Markham provide and serve the requisite notice to the owners pursuant to s. 29(3) of the OHA to designate the Subject Lands as a property of cultural heritage value or interest? a) If not, what is the appropriate relief/remedy?
- Are the minimum two heritage criteria, as required by s. 29(1) of the OHA and O. Reg. 9/06 as amended by O. Reg. 569/22, satisfied for the Subject Lands and therefore the Subject Lands should be designated?
CITY SUBMISSION REGARDING DRAFT ISSUES
5Counsel for the City advised the Tribunal and Appellants that, after recent discussions with City staff, the City could confirm that a notice of intent to designate the Subject Lands as a property of cultural heritage value or interest was not, in fact, served on Ms. Cohen-Solomon. Accordingly, it was the City’s further submission that Issue 1 need not be adjudicated.
6The above admission by the City that the statutory requirements of s. 29(3) of the OHA had not been met invited a flurry of submissions from the Parties regarding, among other things, procedural fairness, the status of the Heritage By-law, the need for and/or appropriate scope of a Hearing on the Merits, and potential requests for costs.
MOTION HEARING
7Given the myriad issues and submissions arising from the City’s admission, the Tribunal directed counsel for Ms. Cohen-Solomon to submit a motion in writing detailing the specific relief being requested.
8Following the CMC, the Parties agreed to the following procedural dates for the exchange of motion materials:
- April 14, 2025: Motion in Writing to be served by counsel for Michelle Cohen-Solomon.
- May 1, 2025: Response Motions to be served by counsel for Raydav Holdings Inc. and the City of Markham.
- May 8, 2025: Reply Motion, if any, to be served by counsel for Michelle Cohen-Solomon.
9For administrative purposes, the Tribunal has scheduled a written Motion Hearing for Wednesday, May 14, 2025 to consider the Parties’ submissions.
ORDER
10THE TRIBUNAL ORDERS that a notice of motion for directions is to be served by counsel for Michelle Cohen-Solomon by no later than Monday, April 14, 2025. All responses to the notice of motion are to be served as outlined in the Decision above.
11This Member is seized for the purposes of the Motion Hearing to be held in writing on Wednesday, May 14, 2025.
“S. Dixon”
S. DIXON MEMBER
Ontario Land Tribunal Website: www.olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.